A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On January 28, 2016, the Defendant, as a person subject to enlistment in active service (in reserve service), did not respond to the call without justifiable grounds by the date on which three days have elapsed from the date of call-up, even though he received a muster notice under the name of the head of the Incheon Military Affairs Administration, stating, “to be called as the Marine Corps Education Corps for the Marine Corps located in the border of North Korea on February 15, 2016,” from the Defendant’s residence located in Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the accuser C;

1. Application of Acts and subordinate statutes to record enlistment in active duty service;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts to the effect that “Ihovah’s Witness” refused enlistment according to one’s conscience, which constitutes justifiable grounds under Article 88(1) of the Military Service Act.

However, Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and if such duty of military service is not fulfilled properly and the national security is not guaranteed, it cannot be guaranteed the dignity and value as human beings.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and even if conscientious objectors are conscientious objectors, the freedom of conscience is superior to the above constitutional legal interests.

Therefore, even if the Defendant’s freedom of conscience is restricted pursuant to Article 37(2) of the Constitution for the above constitutional legal interests, it would be a legitimate restriction permitted under the Constitution (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004, etc.). Therefore, the above assertion by the Defendant is difficult to accept.

The reason for sentencing is that the defendant has no record of criminal punishment, and the defendant refuses to enlist based on his religious belief, and then notifies the enlistment later.